(By Delegates Azinger and D. Poling)
[Introduced February 13, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business.]

A BILL to amend and reenact §17-24A-4 of the Code of West Virginia,
1931, as amended, relating to towing companies notifying the
Division of Motor Vehicles of abandoned vehicles that have
been towed and levying a penalty against the owner of the
abandoned vehicle if the fees for towing are not paid in full.Be it enacted by the Legislature of West Virginia:
That §17-24A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR
VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD
APPLIANCES.§17-24A-4. Abandoned or junked motor vehicles; notification to
motor vehicle owner and lienholder; charges and
fees; exceptions.
(a) The enforcement agency which takes into custody and
possession an abandoned motor vehicle or junked motor vehicle
shall, within fifteen days after taking custody and possession
thereof, notify the last-known registered owner of the motor
vehicle and all lienholders of record that the motor vehicle has
been taken into custody and possession, the notification to be by
registered or certified mail, return receipt requested. The notice
shall:
(1) Contain a description of the motor vehicle, including the
year, make, model, manufacturer's serial or identification number
or any other number which may have been assigned to the motor
vehicle by the Commissioner of Motor Vehicles and any
distinguishing marks;
(2) Set forth the location of the facility where the motor
vehicle is being held and the location where the motor vehicle was
taken into custody and possession;
(3) Inform the owner and any lienholders of record of their
right to reclaim the motor vehicle within ten days after the date
notice was received by the owner or lienholders, upon payment of
all towing, preservation and storage charges resulting from taking
and placing the motor vehicle into custody and possession; and
(4) State that the failure of the owner or lienholders of
record to exercise their right to reclaim the motor vehicle within
the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in the motor
vehicle and of their consent to the sale or disposal of the
abandoned motor vehicle or junked motor vehicle at a public auction
or to a licensed salvage yard or demolisher.
(b) If the identity of the last registered owner of the
abandoned motor vehicle or junked motor vehicle cannot be
determined or if the certificate of registration or certificate of
title contains no address for the owner or if it is impossible to
determine with reasonable certainty the identity and addresses of
all lienholders, notice shall be published as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, the publication area shall be the
county wherein the motor vehicle was located at the time the
enforcement agency took custody and possession thereof and the
notice shall be sufficient to meet all requirements of notice
pursuant to this article. Any notice by publication may contain
multiple listings of abandoned motor vehicles and junked motor
vehicles. The notice shall be published within fifteen days after
the motor vehicle is taken into custody and possession and shall
have the same contents required for a notice pursuant to subsection
(a) of this section, except that the ten-day period shall run from
the date the notice is published as aforesaid.
(c) An enforcement agency which hires any person or entity to
take into custody and possession an abandoned motor vehicle or junked motor vehicle pursuant to this section shall notify the
person or entity hired of the name and address of the registered
owner of the motor vehicle, if known, and all lienholders of
record, if any, within fifteen days after the vehicle is taken into
custody and possession: Provided, That the requirements of this
subsection shall not apply to motor vehicles for which the
registered owner cannot be ascertained by due diligence or
investigation.
(d) The person or entity hired by an enforcement agency to
take into custody or possession an abandoned motor vehicle or
junked motor vehicle shall, within thirty days after the
possession, notify the registered owner of the vehicle and all
lienholders of record, if any, as identified by the enforcement
agency pursuant to subsection (c) of this section, by registered
mail, return receipt requested, that the motor vehicle has been
taken into custody and possession. The notice shall have the same
contents required for a notice pursuant to subsection (a) of this
section, including the ten-day period the owner or lienholder has
to reclaim the motor vehicle. Upon the issuance of the notice, the
identified owner of the motor vehicle is liable and responsible for
all costs for towing, preservation and storage of the motor
vehicle: Provided, That failure to issue the notice required by
this subsection within thirty days after possession of the motor
vehicle relieves the identified owner of the motor vehicle of any liability for charges for towing, preservation and storage in
excess of the sum of the first five days of the charges: Provided,
however, That the requirements of this subsection do not apply to
motor vehicles for which the registered owner thereof cannot be
ascertained by due diligence or investigation.
(e) For an abandoned motor vehicle or junked vehicle having a
loan value of $2,500 or less, as ascertained by values placed upon
motor vehicles using a standard industry reference book, a person
or entity hired by an enforcement agency to tow the abandoned motor
vehicle or junked motor vehicle may, if the motor vehicle is not
claimed by the owner or a lienholder after notice within the time
set forth in subsection (d) of this section or if the identity of
the last registered owner of the abandoned motor vehicle or junked
motor vehicle cannot be determined or if the certificate of
registration or certificate of title contains no address of the
owner or if it is impossible to determine with reasonable certainty
the identity and address of all lienholders after publication as
set forth in subsection (b) of this section, file an application
with the Division of Motor Vehicles for a certificate of title and
registration which, upon payment of the appropriate fees, shall be
issued. The person or entity may then sell the motor vehicle at
private sale or public auction.
(f) For an abandoned motor or junked motor vehicle having a
loan value of $2,500 or less, as ascertained by values placed upon motor vehicles using a standard industry reference book, a licensed
motor vehicle dealer, as defined in section one, article one,
chapter seventeen-a of this code, or a motor vehicle repair
facility may, if a motor vehicle is abandoned on the property or
place of business of the dealer or a motor vehicle repair facility
and is not claimed by the owner or a lienholder after notice within
the time set forth in subsection (d) of this section or if the
identity of the last registered owner of the abandoned motor
vehicle cannot be determined or if the certificate of registration
or certificate of title contains no address of the owner or if it
is impossible to determine with reasonable certainty the identity
and address of all lienholders after publication as set forth in
subsection (b) of this section, file an application with the
Division of Motor Vehicles for a certificate of title and
registration which, upon payment of the appropriate fees, shall be
issued. The dealer or motor vehicle repair facility may then sell
the motor vehicle at private sale or public auction.(g) If any person or entity hired by an enforcement agency to
take into custody or possession an abandoned motor vehicle or
junked motor vehicle pursuant to this article is not paid the
towing, recovery, storage, and/or other charges due to such person
or entity on account of having taken such vehicle into custody or
possession, the person or entity owed such charges may report the
name, address and any other information needed to identify the owner of such vehicle to the Division of Motor Vehicles, which
shall not issue or renew any drivers license or vehicle
registration of any class to such owner unless and until such
charges are paid in full.

NOTE: The purpose of this bill is to allow towing companies to
notify the DMV of abandoned vehicles that have been towed and for
the DMV to levy a penalty against the owner of the abandoned
vehicle if the fees for towing are not paid in full.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.